Our Personal Injury Blog
One of the more common defenses that Indiana personal injury victims encounter when attempting to recover for their injuries is that of assumption of the risk. Essentially, the assumption of the risk doctrine bars a plaintiff from recovering for their injuries when the plaintiff is fully aware of the risks involved in an activity, but chooses to participate in the…
All Indiana motorists are required to maintain a certain amount of auto insurance to drive legally. Lawmakers’ idea behind creating such a requirement was to ensure that an at-fault motorist had sufficient assets to cover the costs incurred by the victims of their negligence. Thus, even if an at-fault motorist has no assets themselves, their insurance company will defend the…
Figuring out who to name as a defendant in an Indiana car accident case is an important step in any personal injury case. For example, employers may be liable for employees’ actions even in cases where the employer was seemingly not involved in the accident, as a recent case illustrates. In that case, the plaintiff was evidently a passenger in…
Last month, the Seventh Circuit Court of Appeals issued a written opinion in a case raising an important issue that frequently comes up in Indiana personal injury cases. The case required the court to assess whether a company that provided maintenance for machinery could be held responsible for an accident that may have been able to be prevented if certain…
When someone is injured in an Indiana car accident, the accident victim is entitled to pursue a claim for compensation against any of the parties they believe were responsible for causing the crash. In the majority of cases, car accidents occur on public roads. After an accident on a public road, the motorists involved in the collision should call the…
Recently, a state appellate court issued a written opinion in a personal injury case involving a parent’s allegations against her daughter’s school. While the case arose in another jurisdiction, it raises important issues under Indiana personal injury law. Specifically, the duty that a school owes to its students. The Facts of the Case According to the court’s opinion, the plaintiff’s…
Filing a successful Indiana medical malpractice lawsuit can be a complicated endeavor. Not only do these claims often require several expert witnesses to explain the relevant issues in the case to the jury, but there are also additional procedural requirements that a plaintiff must follow. Under Indiana Code Article 18 Chapter 8, a person bringing a medical malpractice lawsuit against…
Winter is officially here, and along with the season comes the ability to participate in some of the most fun and exciting sports – skiing and snowboarding. Part of the reason why these sports are so thrilling is also what makes them so dangerous. High speeds, steep hills, moguls, tight turns, and trees all contribute to the overall experience of…
Earlier this month, a state appellate court issued a written opinion in a personal injury case discussing a defense that is commonly raised in response to an Indiana premises liability case. The case involved a defendant’s allegations that it was unaware of the hazard that caused the plaintiff’s fall and, thus, could not be held liable for the plaintiff’s injuries.…
Recently, a state appellate court issued a written opinion in a personal injury case discussing an interesting issue that all Indiana personal injury victims would be wise to consider before filing a case against a defendant. The case addressed when a personal injury defendant may be able to evoke their privilege against self-incrimination when asked to testify in a personal…